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A97100 Juries justified: or, A word of correction to Mr. Henry Robinson; for his seven objections against the trial of causes, by juries of twelve men. / By William Walwin. Published by authority. Walwyn, William, 1600-1681. 1651 (1651) Wing W684; Thomason E618_9; ESTC R204167 9,867 16

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JURIES justified OR A WORD OF CORRECTION TO MR. HENRY ROBINSON FOR His seven Objections against the Trial of Causes by Juries of twelve men By WILLIAM WALWIN Job 22.28 Remove not the ancient Land-mark which thy Fathers have set Published by Authority London Printed by Robert Wood and are to be sold at his house near the Flying-Horse in Grubstreet 1651. Juries Justified OR A Word of Correction to Mr. Henry Robinson THough a silence had seiz'd me equal to his that was born and continued dumb till his father was in danger of being murthered yet retaining still a sincere and vigorous affection to my Native Countrey and seeing this mans Knife offering at the throat of our preservers such I esteem our Juries for Englands and for this its fundamental effential liberty I could not hold my peace but must tell Mr Robinson he deals most injuriously with his Country whereof he must either speedily repent or be made ashamed For how doth it appear That there is not a competent number of understanding and fit men to be had in the lesser divisions of a County for trial of all causes upon all occasions which is his first frivolous objection If by lesser Divisions he means Hundreds who doth not know it to be a most notorious slander there being not the least in England but affordeth a double competency of understanding and fit men yea should he mean Parishes I verily beleeve a sufficiency might even there be found for trial of all the causes of each Parish but that needs not the divisions of Hundreds being more commodious and the Hundred Courts being of ancient continuance might soon be reduced to the former use in which Courts before the Conquest all causes or matters in question upon especial penalty were finally to be decided in every Month. And though William the Conquerour was so unjust and unworthy indeed so perjured as to alter this course so far as to ordain that four times in the year for certain days the same businesses should be determined in such place as he would appoint where he constituted Judges to attend for that purpose and others from whom as from his own bosom all litigators should have justice from whom was no appeal and appointed others for the punishment of malefactors yet he never attempted to take away Juries as finding by the resolute strugling of the people against what he did that they would never bear it So as this Mr Robinson does what he can to induce the present Parliament to deal worse with us then the Conquerour did with our Predecessors not minding as it should seem how heinous an offence it hath been always judged for any to endevour the subversion of the fundamental Laws of the Nation nor regarding how frequently this Parliament have avowed to maintain inviolable those fundamentals in all things touching life liberty and estate with all things incident thereunto so as he invites them to do that then which nothing could be more dishounourable Insomuch as it is a difficult thing to conceive whence it is that he should engage himself in such a subject nor can I imagin except it be from his proneness to invention a humour for the most part got by travel but proving very unhappy to this Nation as might be instanced in our exchange of many of our substantial honest plain customs for Frenchified and Italianated inventions which have had no small share in our late distempers new platforms of Government sent English-fugitives abroad to reduce us into the like depth of bondage with our neighbours having been received with too great applause but it is strange the ill success of the inventers attempters few of which have escaped exemplar punishment should not as Land-marks warn travellers from such Shipwracks And of all our English travellers I say well fare Col. Henry Marten who returned a true English-man and continued so ever after always manifesting a most zealous affection to his Countries liberties and especially to this of Trials by 12 men or Juries as eminently appeared by his demeanor upon the Bench at Redding where it being his lot to give the charge to the Grand-Jury in the first place he wisht them to be rightly informed of their own place and authority affirming it to be judicial when as their owne meaning the Justices was but ministerial and therefore desired them not to stand bare any longer but to put on their hats as became them and not to under-value their Country which virtually they were or words to this effect which I the rather mention to set traveller against traveller for had he been a meer country Justice and not seen the world abroad this our Anti-Juriman possibly would have said it had been a vapour sutable to one that had never been farther then the smoke of his own Chimney for so our inventive innovating travellers use to silence those that oppose their corrupt reasonings And I have good hope our fear is our greatest harm for certainly the Honourable Parliament would never have referred the care of the Regulating of Law and its proceedings in so special a manner to Colonel Marten but that they approve of his affection to Trials per Juries But it may be he lays the most weight of his first Objection upon the word Vnderstanding that there is not a competent number of Vnderstanding and fit men Understanding indeed is very good but as I take it there is not so great a want thereof in England as there is of Conscience a faculty that puts on to the doing of what is approved to be ones duty and to the resistance of what is not a little quantity whereof in my opinion were very wholesom for one that is troubled with the rising of such Objections But as for understanding sufficient to judge between right wrong in any case where proof is to be made by witnesses openly and freely to be examined and where a man shall be sure to have the help of eleven more equally engaged under oath to be careful therein truly I wonder that any man not suspicious of his own judgment or not over-weening it should so much as doubt that a competency of such understand fit men are not in every lesser Division or Hundred to be found Indeed understanding is in great reputation and so is utterance too but yet nothing is so precious as a true conscience not such a one as is satisfied with touch not tast not handle not nor with saying Corbun nor with observation of days and times no nor with saying Lord Lord but with doing judgment and justice in delivering the Captive and setting the Oppressed free in feeding the Hungry clothing the Naked visiting the Sick and the imprisoned and in faithfully keeping all promises and compacts amongst men without which civil societies cannot be maintained And certainly any one that hath such a good Conscience would make a Conscience of removing so ancient a Land-mark which our fore-fathers have set Job 22.28 and more of